How to Make your Prenuptial Agreement in Colombia?

January 14, 2019

Getting Married in Colombia is a big deal. Starting with the culture, if the religion is involved in the wedding and the laws that allows the exchange of rings. It's a process that requires commitment, patience and love. Even if you're going to get married in Colombia, and you have plans of staying and start a family or take your loved one back to your home country is recommendable for you to consult with a Colombian lawyer.

Sometimes the prenuptial agreement is the responsible and mature thing to do, even in those situation that the word "divorce" isn't in your mind at all. Here in Colombia, the prenuptial agreement it's called in Spanish "Capitulaciones Matrimoniales" governed by the 54 Law, Article 7 of 1990 and the 4th Book of the Civil Code in Colombia.

What Could Happen if I Don't Make and Sign a Prenuptial Agreement?

The assets that you accumulate prior to your marriage/union in Colombia are usually not up for debate when dissolving any marital union in Colombia. However in the absence of a prenuptial agreement or if you were to sell assets to acquire new ones during the relationship you will likely open yourself to risk if you don't arrange this "prenup agreement".

What Do I Need as a Foreign to Get Married in Colombia?

The Migrant Visa (type M) apply for foreigner people who wants to be a spouse or permanent companion of Colombian National, for foreigner that have parent or child in Colombian National, Migrant under the Mercosur Agreement, refugee, businessperson, practice a profession or independent activity, religious; elementary, middle, and undergraduate students; real estate investor; retiree or landlord.

In this case we're going to get focus to the people who wants to be a spouse or permanent companion of Colombian National. The person desiring the visa can immediately present his/her case to Cancilleria Colombia and at the discretion of Cancillería you may be called to Bogota for a personal interview. This is where an experienced lawyer will prepare documentation for you and your loved one for a successful interview with the Colombian immigration authorities.

How to Make my Prenuptial Agreement?

A person who's going to get a prenuptial agreement should always consult an attorney at law with the knowledge in these matters and especially if you are getting marriage outside the country.

So, if you are in a relationship in which both of you are considering getting married, is healthy to think of having a prenuptial agreement in Colombia.

Think about protect your current and future assets, avoid appearing before the Colombian court for possible liquidation of marital assets, avoid a long, expensive and unnecessary judicial processes. Our lawyers will surely guide you and clarify all the doubts you may have about marriage and prenuptial agreements in Colombia. So you must Contact us in this contact form, our experienced attorneys are ready to assist you.

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